MEMORANDUM OF AGREEMENT British Columbia...

MEMORANDUM OF AGREEMENT Between:

British Columbia Public School Employers’ Association (“BCPSEA”)

and British Columbia Teachers’ Federation

(“BCTF”) Re: Agreed changes to the 2006-2011 Collective Agreement The parties agree to recommend to their principals for ratification the following changes to the 2006-2011 Collective Agreement. Any proposals not identified in this document are deemed withdrawn. 1. Agree to Delete the following Provincial LoU’s:

• LoU No.4 Early Incentive Payment • LoU No.5 One Time Payment to Teacher Inflation Adjustment Account • LoU No.9 Rehabilitation Committee • LoU No.10 Benefits Review Committee • LoU No.11 2008 Salary Harmonization • LoU No.13 Fiscal Dividend • LoU No.14 Article B.12 Category 5+ Transitional Provisions

2. Agree to Renew the following Provincial LoU’s: • LoU No.6 Employment Equity – Aboriginal Employees • LoU No.15 ArticleC.2. – Porting of Seniority – Separate Seniority Lists • LoU No.16 Article C.2 – Porting of Seniority & Article G.1 Portability of Sick Leave –

Simultaneously Holding Part-Time Appointments in Two Different Districts • LoU Article C.2 Porting of Seniority – Laid off Teachers who are currently

on the recall list. 3. Article G._ Bereavement Leave – see attached. 4. LoU No.1 Process for Local/Provincial Bargaining – see attached. 5. LoU No.X Re: Agreed Understanding of the Term Teacher Teaching on Call –

see attached. 6. Article G._ TTOCs Conducting Union Business – see attached. 7. Article G._ Unpaid Discretionary Leave – see attached. 8. Article G.2 Compassionate Care Leave – see attached. 9. Article G._ Family Responsibility Leave – see attached. 10. Article A.1 Term, Continuation and Renegotiation – see attached. 11. Article G._ Leave for Union Business – see attached. 12. LOU No.XX Re: LOU No.1 – Local/Provincial Split of Issues and Professional Growth and

Evaluation – see attached. 13. LoA: Extended Health Benefits Standardization

57 Date -s=er f;;;_ 9 Time:

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DELETION OF PROVINCIAL LETTERS OF UNDERSTANDING

The parties agree to delete the following provincial letters of understanding from the collective agreement.

PROVINCIAL LETTERS OF UNDERSTANDING

LETTER OF UNDERSTANDING NO.4 Re: Early Incentive Payment

LETTER OF UNDERSTANDING NO.5 Re: One Time Payment to Teacher Inflation Adjustment Account

LETTER OF UNDERSTANDING NO.9 Re: Rehabilitation Committee

LETTER OF UNDERSTANDING NO. 10 Re: Benefits Review Committee

LETTER OF UNDERSTANDING N0.11 Re: 2008 Salary Harmonization

LETTER OF UNDERSTANDING N0.13 Re: Fiscal Dividend

LETTER OF UNDERSTANDING NO. 14 Re: Article 8.12 Category 5+ Transitional Provisions

For BCTF . <c:_

~4/?z ForBSEA ~

1

'2011.

AGREE TO RENEW OF PROVINCIAL LETTERS OF UNDERSTANDING The parties agree to delete the following provincial letters of understanding from the collective agreement: PROVINCIAL LETTERS OF UNDERSTANDING LETTER OF UNDERSTANDING NO.6 Employment Equity – Aboriginal Employees LETTER OF UNDERSTANDING NO.15 Article C.2. – Porting of Seniority – Separate Seniority Lists LETTER OF UNDERSTANDING NO.16 Article C.2 – Porting of Seniority & Article G.1 Portability of Sick Leave – Simultaneously Holding Part-Time Appointments in Two Different Districts LETTER OF UNDERSTANDING NO. 10 Article C.2 Porting of Seniority – Laid off Teachers who are currently on the recall list.

ARTICLE G.__ BEREAVEMENT LEAVE

1. Five (5) days of paid leave shall be granted in each case of death of a member of the employee’s immediate family. For the purposes of this article “immediate family” means:

a) the spouse (including common-law and same-sex partners), child and step-child

(including in-law), parent (including in-law), guardian, sibling and step-siblings (including in-law), grandchild or grandparent of an employee (including in-law), and

b) Any person who lives with an employee as a member of the employee’s family.

2. Two (2) additional days of paid leave may be granted for travel purposes outside of the

local community to attend the funeral. Such requests shall not unreasonably be denied.

3. In addition to leave provided in clauses 1 and 2 above, the superintendent may grant unpaid leave for a family member. Additional leave shall not be unreasonably denied. For the purpose of this clause “family member” means: a) in relation to an employee:

I. a member of an employee's immediate family;

II. an employee's aunt or uncle, niece or nephew, current or former foster

parent, ward or guardian or their spouses;

b) in relation to an employee's spouse or common-law partner or same-sex partner:

I. the spouse's parent or step-parent, sibling or step-sibling, child, grandparent, grandchild, aunt or uncle, niece or nephew, current or former foster parent, or a current or former ward; and

BARGAINING PROPOSAL

BRITISH COLUMBIA TEACHERS’ FEDERATION

Proposal Number: S11-J (2)

Date: Time: ______

c) anyone who is considered to be like a close relative regardless of whether or not they are related by blood, adoption, marriage or common law partnership.

4. Any and all superior provisions contained in the previous collective agreement shall

remain part of the collective agreement.

Signed this _______ day of ____________________, 2012.

_______________________________________

For BCTF

_______________________________________

For BCPSEA

1 S13-J

PROCESS FOR LOCAL/PROVINCIAL BARGAINING 1. The following changes will amend Letter of Understanding Number 1 from the 2006–

2011 Collective Agreement. 2. Pursuant to the Public Education Labour Relations Act (PELRA), the provincial and the

local parties agree to the designation of provincial and local matters as follows:

a. Those matters contained within Appendix 1 shall be designated as provincial matters.

b. Those matters contained within Appendix 2 shall be designated as local matters. 3. Provincial parties’ roles will be pursuant to PELRA. 4. Referral of impasse items to the provincial table will be pursuant to PELRA 5. Timing and conclusion of local matters negotiations:

a. Local negotiations will conclude at a time determined by mutual agreement of the provincial parties.

b. Outstanding local matters may not be referred the provincial table subsequent to

the exchange of proposal by the provincial parties at the provincial table. c. Where no agreement is reached, local negotiations will conclude at the time a new

Provincial Collective Agreement is ratified.

6. Local and provincial ratification processes:

a. Agreements on local matters shall be ratified by the local parties subject to

verification by the provincial parties that the matters in question are local matters (Appendix 2).

b. Agreements on provincial matters shall be ratified by the provincial parties.

BARGAINING PROPOSAL


Proposal Number: S13-J

Date: Time: ______

2 S13-J

7. Effective date of local matters items:

a. Agreements ratified by the school district and local union shall be effective upon the ratification of the new Provincial Collective Agreement unless the timelines are altered by mutual agreement of the provincial parties.


_______________________________________ For BCTF _______________________________________ For BCPSEA

LETTER OF UNDERSTANDING No. X

BETWEEN:

BRITISH COLUMBIA PUBLIC SCHOOL EMPLOYERS’ ASSOCIATION

AND


Re: Agreed Understanding of the Term Teacher Teaching on Call

For the purposes of this collective agreement, the term Teacher Teaching on Call (TTOC) has the same meaning as Teacher on Call/Employee on Call (TOC/EOC) as found in the 2006-2011 Collective Agreement/Working Documents and is not intended to create any enhanced benefits. The parties will set up a housekeeping committee to identify the terms in the collective agreement/working documents that will be replaced by Teacher Teaching on Call (TTOC).

Signed this _____ day of ________, 2012

For BCTF

For BCPSEA

ARTICLE G.__ TTOCs CONDUCTING UNION BUSINESS

1. Where a TTOC is authorized by the local union or BCTF to conduct union business

during the work week, the TTOC shall be paid by the employer according to the collective agreement.

2. Upon receipt, the union will reimburse the employer the salary and benefit costs

associated with the time spent conducting union business. 3. Time spent conducting union business will not be considered a break in service with

respect to payment on scale. 4. Time spent conducting union business will be recognized for the purpose of seniority and

experience recognition up to a maximum of 20 days per school year. Note: The parties will develop a schedule of articles that are replaced by this article.



BARGAINING PROPOSAL


Proposal Number:S18-J

Date: Time: ______

S20-J 1

ARTICLE G__ UNPAID DISCRETIONARY LEAVE 1. a. An employee shall be entitled to a minimum of three (3) days of unpaid

discretionary leave each year.

b. The leave will be subject to the educational requirements of the district and the availability of a replacement. The leave must be approved by the superintendent or designate. The request shall not be unreasonably denied.

2. The leave will be in addition to any paid discretionary leave provided in local provisions.

3. The combination of this provision with any other same provision shall not exceed three

(3) days. Implementation:

1. Any and all superior provisions contained in the previous collective agreement shall remain part of the of the collective agreement. and this clause will not apply. The combination of this provision with any other same or superior provision shall not exceed three (3) days.

2. The provisions of this article establish a minimum level of entitlement for unpaid discretionary leaves for all employees. Where the minimum level of entitlement has already been met through any previous provisions relating to discretionary leaves, an employee shall receive no additional entitlement.

BARGAINING PROPOSAL



Date: Time: ______

2 S20-J

3. The parties will develop a schedule of districts where collective agreement articles do not already provide the same or a similar entitlement through previous articles and to which this new article shall apply.



S21-J 1

ARTICLE G.2 COMPASSIONATE CARE LEAVE 1. For the purposes of this article “family member” means:

a. in relation to an employee:

i. a member of an employee's immediate family;

ii. an employee's aunt or uncle, niece or nephew, current or former foster parent, ward or guardian;

iii. the spouse of an employee's sibling or step-sibling, child or step-child, grandparent, grandchild, aunt or uncle, niece or nephew, current or former foster child or guardian;

b. in relation to an employee's spouse:

i. the spouse's parent or step-parent, sibling or step-sibling, child,

grandparent, grandchild, aunt or uncle, niece or nephew, current or former foster parent, or a current or former ward; and

c. anyone who is considered to be like a close relative regardless of whether or not

they are related by blood, adoption, marriage or common law partnership.

2. Upon request, the employer shall grant an employee Compassionate Care Leave pursuant to Part 6 of the BC Employment Standards Act for a period up to eight (8) weeks or such other period as provided by the Act. Such leave shall be taken in units of one or more weeks.

3. Compassionate care leave supplemental employment insurance benefits: When an employee is eligible to receive employment insurance benefits, the employer shall pay the employee:

BARGAINING PROPOSAL



Date: Time: ______

2 S21-J

a. one hundred percent (100%) of the employee’s current salary for the first two (2) weeks of the leave,

b. for an additional six (6) weeks, one hundred percent (100%) of the employee’s

current salary less any amount received as EI benefits

c. current salary shall be calculated as 1/40 of annual salary where payment is made over ten months or 1/52 of annual salary where payment is made over twelve months.

4. A medical certificate may be required to substantiate that the purpose of the leave is for

providing care or support to a family member having a serious medical condition with a significant risk of death within 26 weeks.

5. The employee’s benefit plans coverage will continue for the duration of the

compassionate care leave on the same basis as if the employee were not on leave. 6. The employer shall pay, according to the Pension Plan regulations, the employer portion

of the pension contribution where the employee elects to buy back or contribute to pensionable service for part or all of the duration of the compassionate care leave.

7. Seniority shall continue to accrue during the period of the compassionate care leave. 8. An employee who returns to work following a leave granted under this article shall be

placed in the position the employee held prior to the leave or in a comparable position. (Note: The definition of “family member” in clause 1 above, shall incorporate any expanded definition of “family member” that may occur through legislative enactment.)



ARTICLE G.___ FAMILY RESPONSIBILITY LEAVE

The employer will grant family responsibility pursuant to the BC Employment Standards Act Part 6-52:

52 An employee is entitled to up to 5 days of unpaid leave during each employment year to meet responsibilities related to

(a) the care, health or education of a child in the employee's care, or

(b) the care or health of any other member of the employee's immediate family.

Note: In the event that there are changes to the Employment Standards Act with respect to Family Responsibility Leave, the legislated change provision (A.8) will apply to make the necessary amendments to this provision..



BARGAINING PROPOSAL



Date: Time: ______

Article A.1 Term, Continuation and Renegotiation 1 E & O E

ARTICLE A.1 TERM, CONTINUATION AND RENEGOTIATION In this Collective Agreement, "Previous Collective Agreement" means the Collective Agreement that was in effect between the parties for the period July 1, 2006 to June 30, 2011 including any amendments agreed to by the parties during that period. 1. Except as otherwise specifically provided, this Collective Agreement is effective July 1,

2011 to June 30, 2013. The parties agree that not less than four (4) months preceding the expiry of this Collective Agreement, they will commence collective bargaining in good faith with the object of renewal or revision of this Collective Agreement and the concluding of a Collective Agreement for the subsequent period.

2. In the event that a new Collective Agreement is not in place by June 30, 2013 the terms of this Collective Agreement are deemed to remain in effect until the date on which a new Collective Agreement is concluded.

3. All terms and conditions of the Previous Collective Agreement are included in the Collective Agreement, except where a term or condition has been amended or modified in accordance with this Collective Agreement.

4. a. If employees are added to the bargaining unit established under section 5 of the

Public Education Labour Relations Act during the term of this Collective Agreement, the parties shall negotiate terms and conditions that apply to those employees.

b. If the parties are unable to agree on terms and conditions applicable to those

employees, either party may refer the issues in dispute to a mutually acceptable arbitrator who shall have jurisdiction to impose terms and conditions.

c. If the parties are unable to agree on an arbitrator, either party may request the

Director of the Collective Agreement Arbitration Bureau to appoint an arbitrator. 5. a. Changes in those local matters agreed to by a local and the employer will amend

the Previous Collective Agreement provisions and form part of this Collective Agreement, subject to Article A.1.5.b below.

b. A local and the employer must agree to the manner and timing of implementation

of a change in a local matter.

c. i. This Collective Agreement continues previous agreements between the parties with respect to the designation of provincial and local matters (See Letter of Understanding No. 1).

BCPSEA Proposal S20

Date: _________ Time: ________

Article A.1 Term, Continuation and Renegotiation 2 E & O E

ii. The parties may agree to another designation which is consistent with the Public Education Labour Relations Act.

Signed this _______ day of ____________________, 2012. _______________________________________ For BCTF _______________________________________ For BCPSEA

S24-J 1

ARTICLE G.__ LEAVE FOR UNION BUSINESS

1. a. Any union member shall be entitled to a leave of absence with pay as authorized by the

local union or BCTF and shall be deemed to be in the full employ of the board. b. ‘Full employ’ means the employer will continue to pay the full salary, benefits, pensions

contributions and all other contributions they would receive as if they were not on leave. In addition, the member shall continue to be entitled to all benefits and rights under the Collective Agreement, at the cost of the employer where such costs are identified by the Collective Agreement.

2. The local or BCTF shall reimburse the board for 100 per cent of such salary, benefits,

pension contributions and all other contribution costs upon receipt of a monthly statement.

3. Where a TTOC replaces the member on union leave, the reimbursement costs paid by

the local or the BCTF shall be the salary amount paid to the TTOC. 4. Where a non-certified replacement is used, the reimbursement costs paid by the local or

the BCTF shall be the salary amount paid to the replacement. 5. Where teacher representatives are requested by the board to meet on union-

management matters during instructional time, representative(s) shall be released from all duties with no loss of pay.

Short-term leave (leave of 10 consecutive school days or less) 6. Such leave will be granted subject to the availability of a qualified replacement. The

request shall not be unreasonably denied.

BARGAINING PROPOSAL


Proposal Number: S24-J

Date: Time: ______

2 S24-J

Long-term leave (leave of more than 10 consecutive school days) 7. Such leave will be granted subject to the availability of a qualified replacement and

educational needs of the school district. The request shall not be unreasonably denied.

8. Upon return from leave, the employee shall be assigned to the same position or, when the position is no longer available, a similar position.

Elected union officer release 9. Such leaves will be granted upon request. 10. Upon return from leave, the employee shall be assigned to the same position or, when

the position is no longer available, a similar position. Implementation The parties will develop a schedule of articles that are replaced by this article. Where a

superior provision is identified in the previous collective agreement, this provision will not apply and the superior provision will continue to apply.



LETTER OF UNDERSTANDING NO. XX

BETWEEN

BRITISH COLUMBIA PUBLIC SCHOOL EMPLOYERS’ ASSOCIATION

AND


Re: LOU #1 – Local/Provincial Split of Issues and Professional Growth and Evaluation

WHEREAS:

• During the negotiations for the 2011-2013 collective agreement the parties reached a tentative agreement with respect to the Local/Provincial Split of issues as set out in the BCPSEA Proposal E109b (the “Local/Provincial Split Tentative Agreement”) in which Post and Fill and Layoff and Recall are moved to Appendix 2 Local Matters;

• The Local/Provincial Split Tentative Agreement is conditional on the parties reaching an agreement with respect to Professional Growth/Evaluation and BCPSEA Proposal E109b is of no force and effect until there is agreement with respect to Professional Growth/Evaluation; and

• the parties wish to continue discussions on Professional Growth/Evaluation and to attempt to reach an agreement during the term of the 2011-2013 Collective Agreement.

NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:

1. Following ratification of the 2011-2013 collective agreement, the parties will continue discussions with respect to Professional Growth (BCPSEA Proposals E120 and BCTF counter-proposal U138-J) and Evaluation (BCPSEA Proposal E117) and attempt to reach an agreement with respect to Professional Growth /Evaluation.

2. The parties agree that:

(a) The sufficient policy funds to fully support the implementation of the Professional Growth program are a necessary component of any agreement; and

(b) The objective of discussions of Evaluation is to standardize evaluation language.

3. Those discussions will take place with the assistance of a facilitator to be mutually agreed upon by the parties or failing agreement to be named by the Chair of the British Columbia Labour Relations Board and are to be concluded by October 30, 2012.

2

4. In the event that the parties are able to reach agreement with respect to Professional Growth/Evaluation, the Professional Growth/ Evaluation provisions and the Local/Provincial Split Tentative Agreement will become part of the 2011-2013 Collective Agreement effective on the date established by the parties.

5. If the parties are unable to reach an agreement, the Professional Growth/Evaluation and Local/Provincial Split Tentative Agreement will be withdrawn for all purposes.

Agreed to on June 26, 2012.

Original signed by:

____________________ ____________________

Susan Lambert Jacquie Griffiths BCTF President BCPSEA Chief Negotiator

LETTER OF AGREEMENT

BETWEEN:

British Columbia Teachers Federation (BCTF)

AND

British Columbia Public School Employers’ Association (BCPSEA)

AND

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OR BC AS REPRESENTED BY THE

MINISTRY OF EDUCATION

RE: EXTENDED HEALTH BENEFITS STANDARDIZATION

WHEREAS:

The Ministry intends to establish and maintain additional funding for the purpose of addressing the standardization of extended health benefits for teachers in the province; and

The BCTF and BCPSEA are aware that the current multiplicity of plans and plan provisions are inefficient, costly and present barriers to improving plan provisions; and

The parties agree that there are many advantages to moving to a standardized provincial extended health benefits plan (the “Standardized Plan”) that will result in increased flexibility and plan improvements for teachers.

THEREFORE:

The parties hereby agree as follows:

1. Funding will be allocated pursuant to the recommendations of Dr. Charles Jago and the Standardized Plan (as attached).

2. Funding will be in the amount of $2.63 million to be allocated to school districts to support the Standardized Plan.

Dated this 26th day of June 2012

__________________________ ____________________________

BCTF BCPSEA

__________________________

Ministry of Education

Provincial Extended Health Benefit Plan

Benefit Provision Provincial Extended Health Benefit Plan

Extended Health Reimbursement 80% until $1000, then 100% Annual Deductible $50 Lifetime Maximum Unlimited

Prescription Drugs Drug Formulary Blue Rx Pay-Direct Drug Card Yes Per Prescription Deductible $0 Sexual Dysfunction Covered Oral Contraceptives Covered

Medical Services and Supplies Medi-Assist Included Out-of-province emergency medical Covered Ambulance Covered Hospital Private/Semi-Private In-home nursing care $20,000 per year Hearing aids $1,000 every 60 months Miscellaneous Services and Supplies (subject to reasonable and customary limits as defined by Pacific Blue Cross)

Covered

Orthopedic shoes $400 per year Orthotics $200 per year

Vision Care Maximum $200 per 24 months Eye exams per 24 months Included in Vision Max

Paramedical Services Naturopath $500 per year Chiropractor $500 per year Massage therapist $500 per year Physiotherapist $500 per year Psychologist $500 per year Speech therapist $500 per year Acupuncturist $500 per year Podiatrist/Chiropodist $500 per year

Notes:

• Any efficiencies or cost reductions achieved as a direct result of the establishment of the Provincial Extended Health Benefit Plan will be used to further enhance the Provincial Extended Health Benefit Plan.

• The Provincial Extended Health Benefit plan does not include a medical referral travel plan (a “MRTP”). However, any school district that elects to participate in the Provincial Extended Health Benefit Plan and currently has a MRTP will continue to provide a MRTP.

• Where the local union elects not to participate in the Provincial Extended Health Benefit Plan, the school district will continue to provide the existing extended health benefit plan between the parties.

• Teachers Teaching On Call (TTOC) will not be precluded from accessing the Provincial Extended Health Benefit Plan. The TTOC will pay 100% of the premium costs.

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